The members of the House gave the pledge
of allegiance to the flag of the United States of America.

The roll was called and the following
members were present:

Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Morrison

Munson

Murphy

Nash

Nelson

Neu

Noor

Nornes

O'Driscoll

Olson

Pelowski

Persell

Petersburg

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman

A quorum was present.

Fabian, Kresha, Moran, O'Neill, Pierson,
Schultz and West were excused.

The Chief Clerk proceeded to read the
Journal of the preceding day.There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.

Journal of the House - 26th Day -
Monday, March 25, 2019 - Top of Page 1554

REPORTS
OF CHIEF CLERK

S. F. No. 307 and
H. F. No. 682, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.

Pelowski moved that
S. F. No. 307 be substituted for H. F. No. 682
and that the House File be indefinitely postponed.The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Carlson, L., from
the Committee on Ways and Means to which was referred:

H. F. No. 492, A bill for
an act relating to public safety; establishing a misdemeanor for traffic
violations that cause great bodily harm or death to another; amending Minnesota
Statutes 2018, section 169.13, subdivision 2.

Reported the same back with the
recommendation that the bill be placed on the General Register.

The
report was adopted.

Carlson, L., from
the Committee on Ways and Means to which was referred:

H. F. No. 810, A bill for
an act relating to veterans; authorizing the placement of a plaque in the court
of honor on the Capitol grounds to honor all Minnesota veterans who served in
the United States armed forces, both at home and abroad, during World War I.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Rules and
Legislative Administration.

The
report was adopted.

Pinto from the
Early Childhood Finance and Policy Division to which was referred:

"Subd. 2.Behavioral
interventions.(a) Behavioral
interventions may include any services not identified in the community support
plan but are needed to prevent imminent crisis placement or
institutionalization, or to intervene in a crisis.

(b) Behavioral interventions must be
calculated outside of the individual's consumer-directed community supports
budget and paid for using aggregate waiver funds from the county of financial
responsibility.

(c) No later than September 30, 2019,
the commissioner of human services shall submit an amendment to the federal
Centers for Medicare and Medicaid Services for the home and community-based
services waivers authorized under Minnesota Statutes, sections 256B.092 and
256B.49, to exclude the cost of behavioral interventions as described in
paragraph (a) from an individual's consumer-directed community supports budget.

Subd. 3.Shared
services.(a) Medical
assistance payments for shared services under consumer-directed community
supports are limited to this subdivision.

(b) For purposes of this subdivision,
"shared services" means services provided at the same time by the
same direct care staff for individuals who have entered into an agreement to
share consumer-directed community supports services.

(c) Shared services may include but are
not limited to any services in the categories of personal supports or treatment
and training as outlined in the consumer-directed community supports plan and
shared services agreement, except for the following:

(1) services for more than three
individuals provided by one direct support staff at one time;

(2) use of more than one provider for
the shared services; and

(3) a child care program licensed under
Minnesota Statutes, chapter 245A, or operated by a local school district or
private school.

(d) Individuals sharing services must
use the same financial management services provider.

(e) The individuals or, as needed,
their representatives shall develop the plan for shared services when
developing or amending the consumer-directed community supports plan and must
follow the consumer-directed community supports process for approval of the
plan by the lead agency.The plan for
shared services in an individual's consumer-directed community supports plan
shall include:

(1) the grouping of shared services
based on individuals' needs and preferences;

(2) training specific to each
individual served; and

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1556

(3)
instructions to follow all required documentation for time and services
provided.

(f) Individuals whose consumer-directed
community supports plans include shared services must also jointly develop,
with the support of their representatives as needed, a consumer-directed
community supports shared services agreement.The agreement must include:

(1) the names of the individuals
receiving shared services;

(2) the individuals' representatives,
if identified in their consumer-directed community supports plans, and their
duties;

(3) the case managers;

(4) the financial management services
provider;

(5) the shared services that must be
provided;

(6) the schedule for shared services;

(7) where shared services must be
provided;

(8) a contingency plan for each of the
recipients that accounts for service provision and billing in the absence of
one of the recipients in a shared services setting due to illness or other
circumstances;

(9) signatures of all parties involved
in the shared services; and

(10) agreement by each of the
recipients who are sharing services on the number of shared hours for services
provided.

(g) Any recipient or any recipient's
representative may withdraw from participating in a shared services agreement
at any time.

(h) The financial management services
provider shall follow all required documentation for time and services
provided.

(i) The case manager for each recipient
shall:

(1) authorize the use of the shared
services option based on the criteria that the shared service is appropriate to
meet the needs, health, and safety of each individual for whom case management
services are provided;

(2) visit the shared setting as
services are being provided at least once every six months or whenever needed
for response to a recipient's request;

(3)
provide quarterly monitoring and evaluation of the effectiveness and
appropriateness of the shared services plan;

(4) develop a contingency plan with
each of the recipients that accounts for the absence of one of the recipients
in a shared services setting due to illness or other circumstances; and

(5) document the training completed by
the provider specific to the shared services setting and individuals sharing
services.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1557

(j)
Nothing in this subdivision must be construed to reduce the total authorized
consumer-directed community supports budget for an individual recipient.

(k) No later than September 30, 2019,
the commissioner of human services shall:

(1) submit an amendment to the federal
Centers for Medicare and Medicaid Services for the home and community-based
services waivers authorized under Minnesota Statutes, sections 256B.092 and
256B.49, to allow for a shared services option under consumer-directed
community supports; and

(2) with stakeholder input, develop
guidance for shared services in consumer-directed community supports within the
Community Based Services Manual.The
guidance must include:

(i) recommendations for negotiating
payment for one-to-two and one-to-three services; and

(ii) a template of the shared services
agreement."

With the recommendation that when so
amended the bill be re-referred to the Committee on Ways and Means.

The
report was adopted.

Youakim from the
Committee on Education Policy to which was referred:

H. F. No. 1369, A bill for
an act relating to energy; requiring public schools to maintain monthly utility
consumption data; proposing coding for new law in Minnesota Statutes, chapter
123B.

Reported the same back with the following
amendments:

Page 1, line 9, after the period, insert
"Reporting by a third party, including automatic reporting by an
electric or gas utility, may be used to meet this requirement.A school or school district must not be
penalized for failure to comply with this section."

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Moran from the
Committee on Health and Human Services Policy to which was referred:

Subd. 3.Limitation
on levy on earnings.(a) Unless the
judgment is for child support, the maximum part of the aggregate disposable
earnings of an individual for any pay period subjected to an execution levy may
not exceed the lesser of:

(1) 25 percent of the judgment debtor's
disposable earnings; or

(2) the amount by which the judgment
debtor's disposable earnings exceed the following productgreater of:(i) 40 times the hourly wage described in
section 177.24, subdivision 1, paragraph (b), clause (1), item (iii); or (ii)
40 times the federal minimum hourly wages prescribed by section 6(a)(1) of
the Fair Labor Standards Act of 1938, United States Code, title 29, section
206(a)(1), in effect at the time the earnings are payable, times the number of
work weeks in the pay period.When a pay
period consists of other than a whole number of work weeks, each day of that
pay period in excess of the number of completed work weeks shall be counted as
a fraction of a work week equal to the number of excess workdays divided by the
number of days in the normal work week.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1559

(b)
If the judgment is for child support, the levy may not exceed:

(1) 50 percent of the judgment debtor's
disposable income, if the judgment debtor is supporting a spouse or dependent
child and the judgment is 12 weeks old or less (12 weeks to be calculated to
the beginning of the work week in which the execution levy is received);

(2) 55 percent of the judgment debtor's
disposable income, if the judgment debtor is supporting a spouse or dependent
child, and the judgment is over 12 weeks old (12 weeks to be calculated to the
beginning of the work week in which the execution levy is received);

(3) 60 percent of the judgment debtor's
disposable income, if the judgment debtor is not supporting a spouse or
dependent child and the judgment is 12 weeks old or less (12 weeks to be
calculated to the beginning of the work week in which the execution levy is
received); or

(4) 65 percent of the judgment debtor's
disposable income, if the judgment debtor is not supporting a spouse or
dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the execution levy is
received).

Execution levies under this section on
judgments for child support are effective until the judgments are satisfied if
the judgment creditor is a county and the employer is notified by the county
when the judgment is satisfied.

(c) No court may make, execute, or enforce
an order or any process in violation of this section.

Subd. 4.Multiple
levies on earnings.Except as
otherwise provided in this chapter or section 518A.53, the priority of multiple
earnings execution levies is determined by the order in which the execution
levies were served on the employer.If
the employer is served with two or more writs of execution at the same time on
the same day, the writ of execution issued pursuant to the first judgment
entered has priority.If two or more
execution levies are served on the same day and are based on judgments entered
on the same day, then the employer shall select the priority of the earnings
levies.However, in all cases except
earnings execution levies on judgments for child support if the judgment
creditor is a county and the employer is notified by the county when the
judgment is satisfied, the execution levies shall be effective no longer than 7090 days from the date of the service of the writ of execution.

Subd. 5.Earnings
attachable.(a) Subject to the
exemptions provided by sections 550.37 and 571.922, and any other applicable
statute, and except as otherwise provided in paragraph (b), the service of a
writ of execution under this chapter attaches all unpaid nonexempt disposable
earnings owing or to be owed by the third party and earned or to be earned by
the judgment debtor before and within the pay period in which the writ of
execution is served and within all subsequent pay periods whose paydays occur
within the 7090 days after the date of service of the writ of
execution."Paydays" means the
days upon which the third party pays earnings to the judgment debtor in the
ordinary course of business.If the
judgment debtor has no regular paydays, paydays means the 15th day and the last
day of each month.If the levy attaches
less than $10, the third party shall not retain and remit the sum.

(b) The service of a writ of execution on
a judgment for child support attaches to all unpaid nonexempt disposable
earnings owing or to be owed by the third party and earned or to be earned by
the judgment debtor before and within the pay period in which the writ of
execution is served and within all subsequent pay periods until the judgment is
satisfied if the judgment creditor is a county and the third party is notified
by the county when the judgment is satisfied.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1560

Subd. 9.Execution
earnings disclosure form and worksheet.The
judgment creditor shall provide to the sheriff for service upon the judgment
debtor's employer an execution earnings disclosure form and an earnings
disclosure worksheet with the writ of execution, that must be substantially in
the form set forth below.

STATE OF MINNESOTA

DISTRICT
COURT

COUNTY OF .

..JUDICIAL
DISTRICT

FILE
NO. ..

.

(Judgment Creditor)

against

EARNINGS

.

(Judgment Debtor)

EXECUTION

and

DISCLOSURE

.

(Third Party)

DEFINITIONS

"EARNINGS":For the purpose of execution,
"earnings" means compensation paid or payable to an employee for
personal services or compensation paid or payable to the producer for the sale
of agricultural products; milk or milk products; or fruit or other horticultural
products produced when the producer is operating a family farm, a family farm
corporation, or an authorized farm corporation, as defined in section 500.24,
subdivision 2, whether denominated as wages, salary, commission, bonus, or
otherwise, and includes periodic payments pursuant to a pension or retirement.

"DISPOSABLE EARNINGS":Means that part of the earnings of an
individual remaining after the deduction from those earnings of amounts
required by law to be withheld.(Amounts
required by law to be withheld do not include items such as health insurance,
charitable contributions, or other voluntary wage deductions.)

"PAYDAY":For the purpose of execution,
"payday(s)" means the date(s) upon which the employer pays earnings
to the debtor in the ordinary course of business.If the judgment debtor has no regular payday,
payday(s) means the 15th and the last day of each month.

THE THIRD PARTY/EMPLOYER MUST ANSWER THE
FOLLOWING QUESTIONS:

(1) Do you now owe, or within 7090
days from the date the execution levy was served on you, will you or may you
owe money to the judgment debtor for earnings?

Yes
.....

No
.....

(2) Does the judgment debtor earn more than
$... per week? (this amount is the greater of $9.50 per hour or the
federal minimum wage per week)

Yes
.....

No
.....

INSTRUCTIONS
FOR COMPLETING

THE EARNINGS
DISCLOSURE

A.If
your answer to either question 1 or 2 is "No," then you must sign the
affirmation below and return this disclosure to the sheriff within 20 days
after it was served on you, and you do not need to answer the remaining
questions.

B.If
your answers to both questions 1 and 2 are "Yes," you must complete
this form and the Earnings Disclosure Worksheet as follows:

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1561

For
each payday that falls within 7090 days from the date the
execution levy was served on you, YOU MUST calculate the amount of earnings to
be retained by completing steps 3 through 11 on page 2, and enter the amounts
on the Earnings Disclosure Worksheet.UPON
REQUEST, THE EMPLOYER MUST PROVIDE THE DEBTOR WITH INFORMATION AS TO HOW THE
CALCULATIONS REQUIRED BY THIS DISCLOSURE WERE MADE.

Each payday, you must retain the amount of
earnings listed in column I on the Earnings Disclosure Worksheet.

You must pay the attached earnings and return
this earnings disclosure form and the Earnings Disclosure Worksheet to the
sheriff and deliver a copy of the disclosure and worksheet to the judgment
debtor within ten days after the last payday that falls within the 70-day90-day period.If the judgment is
wholly satisfied or if the judgment debtor's employment ends before the
expiration of the 70-day90-day period, your disclosure and
remittance should be made within ten days after the last payday for which
earnings were attached.

For steps 3 through 11, "columns"
refers to columns on the Earnings Disclosure Worksheet.

(3)

COLUMN A.

Enter the date of judgment debtor's payday.

(4)

COLUMN B.

Enter judgment debtor's gross earnings for each payday.

(5)

COLUMN C.

Enter judgment debtor's disposable earnings for each payday.

(6)

COLUMN D.

Enter 25 percent of disposable earnings.(Multiply column C by .25.)

(7)

COLUMN E.

Enter here the greater of 40 times $9.50 or 40 times the
hourly federal minimum wage ($..........) times the number of work weeks
included in each payday.(Note:If a payday includes days in excess of
whole work weeks, the additional days should be counted as a fraction of a
work week equal to the number of workdays in excess of a whole work week
divided by the number of workdays in a normal work week.)

(8)

COLUMN F.

Subtract the amount in column E from the amount in column
C, and enter here.

(9)

COLUMN G.

Enter here the lesser of the amount in column D and the
amount in column F.

(10)

COLUMN H.

Enter here any amount claimed by you as a setoff, defense,
lien, or claim, or any amount claimed by any other person as an exemption or
adverse interest which would reduce the amount of earnings owing to the
judgment debtor.(Note:Any indebtedness to you incurred within ten
days prior to your receipt of the first execution levy on a debt may not be
set off against the earnings otherwise subject to this levy.Any wage assignment made by the judgment
debtor within ten days prior to your receipt of the first execution levy on a
debt is void.)

You must also describe your claim(s) and the claims of
others, if known, in the space provided below the worksheet and state the
name(s) and address(es) of these persons.

Enter zero in column H if there are no claims by you or
others which would reduce the amount of earnings owing to the judgment debtor.

(11)

COLUMN I.

Subtract the amount in column H from the amount in column G
and enter here.This is the amount of
earnings that you must remit for the payday for which the calculations were
made.

AFFIRMATION

I, ................... (person signing
Affirmation), am the third party/employer or I am authorized by the third
party/employer to complete this earnings disclosure, and have done so
truthfully and to the best of my knowledge.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1562

DATED:

..

Signature

..

Title

..

Telephone Number

EARNINGS DISCLOSURE WORKSHEET

..

Debtor's Name

A

B

C

Payday Date

Gross Earnings

Disposable Earnings

1.

. .

$ ... .

$.. . .

2.

. .

. .

. .

3.

. .

. .

. .

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

D

E

F

25% of Column C

Greater of 40 X $9.50 or 40 X
Fed.Min.Wage

Column C minus Column E

1.

. .

. .

. .

2.

. .

. .

. .

3.

. .

. .

. .

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

G

H

I

Lesser of Column D and Column F

Setoff, Lien, Adverse Interest,
or Other Claims

Column G minus Column H

1.

. .

. .

. .

2.

. .

. .

. .

3.

. .

. .

. .

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1563

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

TOTAL
OF COLUMN I

. .

*If you entered any amount in column H for
any payday(s), you must describe below either your claims, or the claims of others.For amounts claimed by others, you must both
state the names and addresses of such persons, and the nature of their claim,
if known.

. . . . . . . . . . . . . .

. . . . . . . . . . . . .

AFFIRMATION

I, ................. (person signing
Affirmation), am the third party or I am authorized by the third party to
complete this earnings disclosure worksheet, and have done so truthfully and to
the best of my knowledge.

Subd. 10.Execution
earnings disclosure form and worksheet for child support judgments.The judgment creditor shall provide to
the sheriff for service upon a child support judgment debtor's employer an
execution earnings disclosure form and an earnings disclosure worksheet with
the writ of execution, that must be substantially in the form set forth below.

STATE OF MINNESOTA

. .DISTRICT
COURT

COUNTY OF . .

.. . .JUDICIAL DISTRICT

FILE
NO. .

. . . .

(Judgment Creditor)

against

EARNINGS

. . . .

(Judgment Debtor)

EXECUTION

and

DISCLOSURE

. . . .

(Third Party)

DEFINITIONS

"EARNINGS":For the purpose of execution,
"earnings" means compensation paid or payable to an employee for
personal services or compensation paid or payable to the producer for the sale
of agricultural products; milk or milk products; or fruit or other
horticultural products produced when the producer is operating a family farm, a
family farm corporation, or an authorized farm corporation, as defined in
section 500.24, subdivision 2, whether denominated as wages, salary,
commission, bonus, or otherwise, and includes periodic payments pursuant to a
pension or retirement, workers' compensation, or unemployment benefits.

"DISPOSABLE EARNINGS":Means that part of the earnings of an
individual remaining after the deduction from those earnings of amounts
required by law to be withheld.(Amounts
required by law to be withheld do not include items such as health insurance,
charitable contributions, or other voluntary wage deductions.)

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1564

"PAYDAY":For the purpose of execution,
"payday(s)" means the date(s) upon which the employer pays earnings
to the debtor in the ordinary course of business.If the judgment debtor has no regular payday,
payday(s) means the 15th and the last day of each month.

THE THIRD PARTY/EMPLOYER MUST ANSWER THE
FOLLOWING QUESTION:

(1) Do you now owe, or within 7090
days from the date the execution levy was served on you, will you or may you
owe money to the judgment debtor for earnings?

Yes
.....

No
.....

INSTRUCTIONS
FOR COMPLETING THE

EARNINGS
DISCLOSURE

A.If
your answer to question 1 is "No," then you must sign the affirmation
below and return this disclosure to the sheriff within 20 days after it was
served on you, and you do not need to answer the remaining questions.

B.If
your answer to question 1 is "Yes," you must complete this form and
the Earnings Disclosure Worksheet as follows:

For each payday that falls within 7090
days from the date the execution levy was served on you, YOU MUST calculate the
amount of earnings to be retained by completing steps 2 through 8 on page 2,
and enter the amounts on the Earnings Disclosure Worksheet.UPON REQUEST, THE EMPLOYER MUST PROVIDE THE
DEBTOR WITH INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS DISCLOSURE
WERE MADE.

Each payday, you must retain the amount of
earnings listed in column G on the Earnings Disclosure Worksheet.

You must pay the attached earnings and return
this earnings disclosure form and the Earnings Disclosure Worksheet to the
sheriff and deliver a copy of the disclosure and worksheet to the judgment
debtor within ten days after the last payday that falls within the 70-day90-day period.If the judgment is
wholly satisfied or if the judgment debtor's employment ends before the
expiration of the 70-day90-day period, your disclosure and
remittance should be made within ten days after the last payday for which
earnings were attached.

For steps 2 through 8, "columns"
refers to columns on the Earnings Disclosure Worksheet.

(5) COLUMN D.Enter either 50, 55, 60, or 65 percent of
disposable earnings, based on which of the following descriptions fits the
child support judgment debtor:

(a) 50 percent of the judgment debtor's
disposable income, if the judgment debtor is supporting a spouse or dependent child
and the judgment is 12 weeks old or less (12 weeks to be calculated to the
beginning of the work week in which the execution levy is received);

(b) 55 percent of the judgment debtor's
disposable income, if the judgment debtor is supporting a spouse or dependent
child, and the judgment is over 12 weeks old (12 weeks to be calculated to the
beginning of the work week in which the execution levy is received);

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1565

(c)
60 percent of the judgment debtor's disposable income, if the judgment debtor
is not supporting a spouse or dependent child and the judgment is 12 weeks old
or less (12 weeks to be calculated to the beginning of the work week in which
the execution levy is received); or

(d) 65 percent of the judgment debtor's
disposable income, if the judgment debtor is not supporting a spouse or
dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the execution levy is
received).(Multiply column C by .50,
.55, .60, or .65, as appropriate.)

(6) COLUMN E.Enter here any amount claimed by you as a
setoff, defense, lien, or claim, or any amount claimed by any other person as
an exemption or adverse interest that would reduce the amount of earnings owing
to the judgment debtor.(Note:Any indebtedness to you incurred within ten
days prior to your receipt of the first execution levy may not be set off
against the earnings otherwise subject to this levy.Any wage assignment made by the judgment
debtor within ten days prior to your receipt of the first execution levy is
void.)

You must also describe your claim(s) and
the claims of others, if known, in the space provided below the worksheet and
state the name(s) and address(es) of these persons.

Enter zero in column E if there are no
claims by you or others that would reduce the amount of earnings owing to the
judgment debtor.

(7) COLUMN F.Subtract the amount in column E from the
amount in column D and enter here.This
is the amount of earnings that you must remit for the payday for which the
calculations were made.

AFFIRMATION

I, ................... (person signing
Affirmation), am the third party/employer or I am authorized by the third
party/employer to complete this earnings disclosure, and have done so
truthfully and to the best of my knowledge.

DATED: . . . .

. . . .

Signature

. . .

Title

. . ... .

Telephone Number

EARNINGS DISCLOSURE WORKSHEET

. . .. . .

Debtor's Name

A

B

C

Payday Date

Gross Earnings

Disposable Earnings

1.

. .

$...... . .

$...... . .

2.

. .

. .

. .

3.

. .

. .

. .

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1566

D

E

F

Either 50, 55, 60, or 65% of
Column C

Setoff, Lien, Adverse Interest,
or Other Claims

Column D minus Column E

1.

. .

. .

. .

2.

. .

. .

. .

3.

. .

. .

. .

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

TOTAL
OF COLUMN F

. .

*If you entered any amount in column E for
any payday(s), you must describe below either your claims, or the claims of
others.For amounts claimed by others,
you must both state the names and addresses of such persons, and the nature of
their claim, if known.

. . . . . . . . . . . . .. .

. . . . . . . . . . . . . . .

AFFIRMATION

I, ................. (person signing
Affirmation), am the third party or I am authorized by the third party to
complete this earnings disclosure worksheet, and have done so truthfully and to
the best of my knowledge.

Subd. 12.Third-party
disclosure and remittance obligation.If
there are no attachable earnings, the third party shall serve the execution
earnings disclosure form upon the sheriff within 20 days after service of the
writ of execution.However, if the
judgment debtor has attachable earnings, the third party shall serve the
execution earnings disclosure form and remit to the sheriff the attached
earnings within ten days of the last payday to occur within the 7090
days after the date of the service of the execution.If the judgment is wholly satisfied or if the
judgment debtor's employment ends before the expiration of the 70-day90-day
period, the disclosure and remittance should be made within ten days after the
last payday for which earnings were attached.The amount of the third party's execution earnings disclosure form and
remittance need not exceed 110 percent of the amount of the judgment creditor's
judgment that remains unpaid, after subtracting the total of setoffs, defenses,
exemption, or other adverse interests.If
the disclosure is by a corporation, it shall be made by an officer or an
authorized agent having knowledge of the facts.

Subd. 2.Property
attachable.Subject to the
exemptions provided by subdivision 3 and section 550.37, and any other
applicable statute, the service of a writ of execution under this chapter
attaches:

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1567

(a)
Except as otherwise provided in paragraph (c), all unpaid nonexempt disposable
earnings owing or to be owed by the third party and earned or to be earned by
the judgment debtor within the pay period in which the writ of execution is
served and within all subsequent pay periods whose paydays occur within the 7090 days after the date of service of the writ of execution."Payday" means the day upon which
the third party pays earnings to the judgment debtor in the ordinary course of
business.If the judgment debtor has no
regular paydays, payday means the 15th day and the last day of each month.

(b) All other nonexempt indebtedness or
money due or belonging to the judgment debtor and owing by the third party or
in the possession or under the control of the third party at the time of
service of the writ of execution, whether or not the same, has become payable.The third party shall not be compelled to pay
or deliver the same before the time specified by any agreement unless the
agreement was fraudulently contracted to defeat an execution levy or other
collection remedy.

(c) For an execution on a judgment for
child support, all unpaid nonexempt disposable earnings owing or to be owed by
the third party and earned or to be earned by the judgment debtor within the
pay period in which the writ of execution is served and within all subsequent
pay periods until the judgment is satisfied if the judgment creditor is a
county and the third party is notified by the county when the judgment is
satisfied.

Subd. 11.Forms.No judgment creditor shall use a form
that contains alterations or changes from the statutory forms that mislead
judgment debtors as to their rights and the execution procedure generally.If a court finds that a judgment creditor has
used a misleading form, the judgment debtor shall be awarded actual damages,
costs, reasonable attorney's fees resulting from additional proceedings, and an
amount not to exceed $100.All forms
must be clearly legible and printed in not less than the equivalent of 10-point
type.A form that uses both sides of a
sheet must clearly indicate on the front side that there is additional
information on the back side of the sheet.

Forms, including the statutory forms, used
in executions upon earnings for the satisfaction of judgments for child support
must be changed by the creditor to reflect the fact that the 70-day90-day
period of effectiveness does not apply to these executions if the judgment
creditor is a county and the employer is notified by the county when the
judgment is satisfied.

Subd. 3.Limitation
on levy on earnings.(a) Unless the
judgment is for child support, the maximum part of the aggregate disposable
earnings of an individual for any pay period subjected to an execution levy may
not exceed the lesser of:

(1) 25 percent of the judgment debtor's
disposable earnings; or

(2) the amount by which the judgment
debtor's disposable earnings exceed the following productgreater of:(i) 40 times the hourly wage described in
section 177.24, subdivision 1, paragraph (b), clause (1), item (iii); or (ii)
40 times the federal minimum hourly wages prescribed by section 6(a)(1) of
the Fair Labor Standards Act of 1938, United States Code, title 29, section
206(a)(1), in effect at the time the earnings are payable, times the number of
work weeks in the pay period.When a pay
period consists of other than a whole number of work weeks, each day of that
pay period in excess of the number of completed work weeks shall be counted as
a fraction of a work week equal to the number of excess workdays divided by the
number of days in the normal work week.

(b) If the judgment is for child support,
the levy may not exceed:

(1) 50 percent of the judgment debtor's
disposable income, if the judgment debtor is supporting a spouse or dependent
child and the judgment is 12 weeks old or less (12 weeks to be calculated to
the beginning of the work week in which the execution levy is received);

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1568

(2)
55 percent of the judgment debtor's disposable income, if the judgment debtor
is supporting a spouse or dependent child, and the judgment is over 12 weeks
old (12 weeks to be calculated to the beginning of the work week in which the
execution levy is received);

(3) 60 percent of the judgment debtor's
disposable income, if the judgment debtor is not supporting a spouse or
dependent child and the judgment is 12 weeks old or less (12 weeks to be
calculated to the beginning of the work week in which the execution levy is
received); or

(4) 65 percent of the judgment debtor's
disposable income, if the judgment debtor is not supporting a spouse or
dependent child, and the judgment is over 12 weeks old (12 weeks to be
calculated to the beginning of the work week in which the execution levy is
received).

Execution levies under this section on
judgments for child support are effective until the judgments are satisfied if
the judgment creditor is a county and the employer is notified by the county
when the judgment is satisfied.

(c) No court may make, execute, or enforce
an order or any process in violation of this section.

Subd. 4.Multiple
levies on earnings.Except as
otherwise provided in this chapter or section 518A.53, the priority of multiple
earnings execution levies is determined by the order in which the execution
levies were served on the employer.If
the employer is served with two or more writs of execution at the same time on
the same day, the writ of execution issued pursuant to the first judgment
entered has priority.If two or more
execution levies are served on the same day and are based on judgments entered
on the same day, then the employer shall select the priority of the earnings
levies.However, in all cases except
earnings execution levies on judgments for child support if the judgment
creditor is a county and the employer is notified by the county when the
judgment is satisfied, the execution levies shall be effective no longer than 7090 days from the date of the service of the writ of execution.

Subd. 5.Earnings
attachable.(a) Subject to the
exemptions provided by subdivision 3 and section 550.37, and any other
applicable statute, and except as otherwise provided in paragraph (b), the
service of a writ of execution under this chapter attaches all unpaid nonexempt
disposable earnings owing or to be owed by the third party and earned or to be
earned by the judgment debtor before and within the pay period in which the
writ of execution is served and within all subsequent pay periods whose paydays
occur within the 7090 days after the date of service of the writ
of execution."Paydays" means
the days upon which the third party pays earnings to the judgment debtor in the
ordinary course of business.If the
judgment debtor has no regular paydays, paydays means the 15th day and the last
day of each month.If the levy attaches
less than $10, the third party shall not retain and remit the sum.

(b) The service of a writ of execution on
a judgment for child support attaches to all unpaid nonexempt disposable
earnings owing or to be owed by the third party and earned or to be earned by
the judgment debtor before and within the pay period in which the writ of
execution is served and within all subsequent pay periods until the judgment is
satisfied if the judgment creditor is a county and the third party is notified
by the county when the judgment is satisfied.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1569

Subd. 9.Notice
of levy on earnings, disclosure, and worksheet.The attorney for the judgment creditor shall serve upon the judgment
debtor's employer a notice of levy on earnings and an execution earnings
disclosure form and an earnings disclosure worksheet with the writ of
execution, that must be substantially in the form set forth below.

STATE OF MINNESOTA

DISTRICT
COURT

COUNTY OF . .

. JUDICIAL DISTRICT

FILE NO. .

. . . .

(Judgment Creditor)

against

NOTICE
OF LEVY ON

EARNINGS
AND DISCLOSURE

. . . .

(Judgment Debtor)

and

. . . .

(Third Party)

PLEASE TAKE NOTICE that pursuant to
Minnesota Statutes, sections 551.04 and 551.06, the undersigned, as attorney
for the judgment creditor, hereby makes demand and levies execution upon all
earnings due and owing by you (up to $10,000) to the judgment debtor for the
amount of the judgment specified below.A
copy of the writ of execution issued by the court is enclosed.The unpaid judgment balance is $.....

This levy attaches all unpaid nonexempt
disposable earnings owing or to be owed by you and earned or to be earned by
the judgment debtor before and within the pay period in which the writ of
execution is served and within all subsequent pay periods whose paydays occur
within the 7090 days after the service of this levy.

In responding to this levy, you are to
complete the attached disclosure form and worksheet and mail it to the
undersigned attorney for the judgment creditor, together with your check
payable to the above-named judgment creditor, for the nonexempt amount owed by
you to the judgment debtor or for which you are obligated to the judgment
debtor, within the time limits set forth in the aforementioned statutes.

. . .

Attorney for the Judgment
Creditor

. . .

. . .

. . .

Address

(...) . . . .

Phone Number

DISCLOSURE

DEFINITIONS

"EARNINGS":For the purpose of execution,
"earnings" means compensation paid or payable to an employee for
personal services or compensation paid or payable to the producer for the sale
of agricultural products; milk or milk products; or fruit or other
horticultural products produced when the producer is operating a family farm, a
family farm corporation, or an authorized farm corporation, as defined in
section 500.24, subdivision 2, whether denominated as wages, salary,
commission, bonus, or otherwise, and includes periodic payments pursuant to a
pension or retirement.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1570

"DISPOSABLE
EARNINGS":Means that part of the
earnings of an individual remaining after the deduction from those earnings of
amounts required by law to be withheld.(Amounts
required by law to be withheld do not include items such as health insurance,
charitable contributions, or other voluntary wage deductions.)

"PAYDAY":For the purpose of execution,
"payday(s)" means the date(s) upon which the employer pays earnings
to the judgment debtor in the ordinary course of business.If the judgment debtor has no regular payday,
payday(s) means the 15th and the last day of each month.

THE THIRD PARTY/EMPLOYER MUST ANSWER THE
FOLLOWING QUESTIONS:

1.Do
you now owe, or within 7090 days from the date the execution
levy was served on you, will you or may you owe money to the judgment debtor
for earnings?

Yes
.....

No
.....

2.Does
the judgment debtor earn more than $... per week?(This amount is the greater of $9.50 per
hour of the federal minimum wage per week.)

Yes
.....

No
.....

INSTRUCTIONS
FOR COMPLETING THE

EARNINGS
DISCLOSURE

A.If
your answer to either question 1 or 2 is "No," then you must sign the
affirmation on page 2 and return this disclosure to the judgment creditor's
attorney within 20 days after it was served on you, and you do not need to
answer the remaining questions.

B.If
your answers to both questions 1 and 2 are "Yes," you must complete this
form and the Earnings Disclosure Worksheet as follows:

For each payday that falls within 7090
days from the date the execution levy was served on you, YOU MUST calculate the
amount of earnings to be retained by completing steps 3 through 11 on page 2,
and enter the amounts on the Earnings Disclosure Worksheet.UPON REQUEST, THE EMPLOYER MUST PROVIDE THE
DEBTOR WITH INFORMATION AS TO HOW THE CALCULATIONS REQUIRED BY THIS DISCLOSURE
WERE MADE.

Each payday, you must retain the amount of
earnings listed in column I on the Earnings Disclosure Worksheet.

You must pay the attached earnings and return
this Earnings Disclosure Form and the Earnings Disclosure Worksheet to the
judgment creditor's attorney and deliver a copy to the judgment debtor within
ten days after the last payday that falls within the 70-day90-day
period.

If the judgment is wholly satisfied or if the
judgment debtor's employment ends before the expiration of the 70‑day90-day period, your disclosure and remittance should be made within ten
days after the last payday for which earnings were attached.

For steps 3 through 11, "columns" refers to columns
on the Earnings Disclosure Worksheet.

3.

COLUMN A.

Enter the date of judgment
debtor's payday.

4.

COLUMN B.

Enter judgment debtor's gross
earnings for each payday.

5.

COLUMN C.

Enter judgment debtor's disposable
earnings for each payday.

6.

COLUMN D.

Enter 25 percent of disposable earnings.(Multiply Column C by .25.)

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1571

7.

COLUMN E.

Enter here the greater of 40
times $9.50 or 40 times the hourly federal minimum wage ($.......) times the
number of work weeks included in each payday.(Note:If a pay period includes
days in excess of whole work weeks, the additional days should be counted as
a fraction of a work week equal to the number of workdays in excess of a
whole work week divided by the number of workdays in a normal work week.)

8.

COLUMN F.

Subtract the amount in Column E
from the amount in Column C, and enter here.

9.

COLUMN G.

Enter
here the lesser of the amount in Column D and the amount in Column F.

10.

COLUMN H.

Enter here any amount claimed by
you as a setoff, defense, lien, or claim, or any amount claimed by any other
person as an exemption or adverse interest which would reduce the amount of
earnings owing to the judgment debtor.(Note:Any indebtedness to you
incurred within ten days prior to your receipt of the first execution levy on
a debt may not be set off against the earnings otherwise subject to this levy.Any wage assignment made by the judgment
debtor within ten days prior to your receipt of the first execution levy on a
debt is void.)

You must also describe your
claim(s) and the claims of others, if known, in the space provided below the
worksheet and state the name(s) and address(es) of these persons.

Enter zero in Column H if there
are no claims by you or others which would reduce the amount of earnings
owing to the judgment debtor.

11.

COLUMN I.

Subtract the amount in Column H
from the amount in Column G and enter here.This is the amount of earnings that you must retain for the payday for
which the calculations were made.The
total of all amounts entered in Column I is the amount to be remitted to the
attorney for the judgment creditor.

AFFIRMATION

I, ................... (person signing
Affirmation), am the third party/employer or I am authorized by the third
party/employer to complete this earnings disclosure, and have done so
truthfully and to the best of my knowledge.

Dated: . . . ..

. . .

Signature

. . .

Title

. . .

Telephone Number

EARNINGS
DISCLOSURE WORKSHEET

...................

Judgment
Debtor's Name

A

B

C

Payday Date

Gross Earnings

Disposable Earnings

1.

. .

$.. . .

$.. . .

2.

. .

. .

. .

3.

. .

. .

. .

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1572

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

D

E

F

25% of Column C

Greater of 40 X $9.50 or 40 X
Fed.Min.Wage

Column C minus Column E

1.

. .

. .

. .

2.

. .

. .

. .

3.

. .

. .

. .

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

G

H

I

Lesser of Column D and Column F

Setoff, Lien, Adverse Interest,
or Other Claims

Column G minus Column H

1.

. .

. .

. .

2.

. .

. .

. .

3.

. .

. .

. .

4.

. .

. .

. .

5.

. .

. .

. .

6.

. .

. .

. .

7.

. .

. .

. .

8.

. .

. .

. .

9.

. .

. .

. .

10.

. .

. .

. .

TOTAL
OF COLUMN I

. .

*If you entered any amount in Column H for
any payday(s), you must describe below either your claims, or the claims of
others.For amounts claimed by others,
you must both state the names and addresses of these persons, and the nature of
their claim, if known.

. . . . . . . . . . . . .. .

. . . . . . . . . . . . . . .

Journal of the House - 26th Day -
Monday, March 25, 2019 - Top of Page 1573

AFFIRMATION

I, ................. (person signing
Affirmation), am the third party or I am authorized by the third party to
complete this earnings disclosure worksheet, and have done so truthfully and to
the best of my knowledge.

Subd. 12.Third-party
disclosure and remittance obligation.If
there are no attachable earnings, the third party shall serve the execution
earnings disclosure form upon the attorney for the judgment creditor within 20
days after service of the writ of execution.However, if the judgment debtor has attachable earnings, the third party
shall serve the execution earnings disclosure form upon both the attorney for
the judgment creditor and the judgment debtor and remit to the attorney for the
judgment creditor the attached earnings within ten days of the last payday to
occur within the 7090 days after the date of the service of the
writ of execution.If the judgment is
wholly satisfied or if the judgment debtor's employment ends before the
expiration of the 70-day90-day period, the disclosure and
remittance should be made within ten days after the last payday for which
earnings were attached.The amount of
the third party's execution earnings disclosure form and remittance need not
exceed 100 percent of the amount of the judgment creditor's judgment that
remains unpaid, after subtracting the total of setoffs, defenses, exemption, or
other adverse interests.If the
disclosure is by a corporation, it shall be made by an officer or an authorized
agent having knowledge of the facts."

Page 8, line 8, after the second
"the" insert "greater of $9.50 per hour or the"

Page 9, line 10, after "here" insert
"the greater of 40 times $9.50 or"

H. F. No. 2684, A bill for an act relating
to workforce development; appropriating money for a grant to Somali American
Women Action Center.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Youakim, Dehn, Kiel and Edelson
introduced:

H. F. No. 2685, A bill for an act relating
to health; appropriating money to the commissioner of health for a grant to
Cassia Learning Lab for activities to connect older adults with technology
devices.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Pierson, Ecklund, Sundin, Torkelson and
Boe introduced:

H. F. No. 2686, A bill for an act relating
to environment; establishing a grant program to clean up contaminated
tax-forfeited property; appropriating money.

The bill was read for the first time and
referred to the Committee on Ways and Means.

The bill was read for the first time and
referred to the Committee on Commerce.

Murphy introduced:

H. F. No. 2697, A bill for an act relating
to claims against the state; providing for settlement of certain claims;
appropriating money.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Albright, by request, Masin, Davids and
Jurgens introduced:

H. F. No. 2698, A bill for an act relating
to public finance; providing an alternative general system to issue state and
local debt obligations; enacting the "Minnesota All-Government Bond
Act"; appropriating money; proposing coding for new law as Minnesota
Statutes, chapter 16F.

The bill was read for the first time and
referred to the Committee on Government Operations.

Journal
of the House - 26th Day - Monday, March 25, 2019 - Top of Page 1579

H. F. No. 2699, A bill for an act relating
to the legislature; requiring the legislature to offer translation services to
individuals who are members of a language minority; amending Minnesota Statutes
2018, section 3.055, by adding a subdivision.

The bill was read for the first time and
referred to the Committee on Government Operations.

Dehn and Vang introduced:

H. F. No. 2700, A bill for an act relating
to economic development; appropriating money to make workforce training and
entrepreneurship investments intended to help close the state's opportunity
gaps for Minnesotans of color.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Dehn introduced:

H. F. No. 2701, A resolution memorializing
Congress to overturn the United States Supreme Court decision Citizens United
v. FEC; requesting that Congress clarify that the rights protected under the
Constitution are the rights of natural persons and not the rights of artificial
entities and that spending money to influence elections is not speech under the
First Amendment; asking that Congress propose a constitutional amendment to
provide such clarification.

The bill was read for the first time and
referred to the Committee on Government Operations.

Dehn introduced:

H. F. No. 2702, A bill for an act relating
to elections; requiring the names of partisan candidates to be rotated on the
state general election ballot; amending Minnesota Statutes 2018, section
204D.13, by adding a subdivision; repealing Minnesota Statutes 2018, section
204D.13, subdivision 2.

The bill was read for the first time and
referred to the Committee on Government Operations.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Murphy; Winkler; Carlson, L., and Lee
introduced:

H. F. No. 2704, A bill for an act relating
to capital investment; authorizing spending to acquire and better public land
and buildings and other improvements of a capital nature with certain
conditions; modifying previous appropriations; establishing new programs and
modifying existing programs; authorizing the sale and issuance of

Journal of the House - 26th Day -
Monday, March 25, 2019 - Top of Page 1580

The bill was read for the first time and
referred to the Committee on Taxes.

Loeffler and Bernardy introduced:

H. F. No. 2707, A bill for an act relating
to capital investment; appropriating money for renovation of the State Office
Building hearing room HVAC systems; authorizing the sale and issuance of state
bonds.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Loeffler and Masin introduced:

H. F. No. 2708, A bill for an act relating
to capital investment; appropriating money for a long-term plan for renovation
and use of certain buildings on the Capitol campus.

The bill was read for the first time and
referred to the Committee on Ways and Means.

Mariani introduced:

H. F. No. 2709, A bill for an act relating
to public safety; appropriating money for peace officer training reimbursement.

The bill was read for the first time and
referred to the Committee on Ways and Means.

H. F. No. 2713, A bill for an act relating
to health; providing for informed consent for pelvic examinations of an
anesthetized or unconscious patient; establishing a penalty; proposing coding
for new law in Minnesota Statutes, chapter 145.

The bill was read for the first time and
referred to the Committee on Health and Human Services Policy.

Hornstein moved that the House refuse to
concur in the Senate amendments to H. F. No. 50, that the
Speaker appoint a Conference Committee of 3 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.The motion prevailed.

Madam Speaker:

I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted: